My husband and I filed Ch 7 Bktcy, and it was DISCHARGED in July/August 2005, PRIOR to the Bankruptcy Reform
of 2005. At the time, we were living in an RV/Fifth-Wheel, that was owned by Fifth Third Bank. We continued to make payments on the RV, eventhough we had not signed anything reaffirming the debt. In fact, we even made additional payments! Well...ALL CREDITORS WERE SERVED re: the Ch 7 Bktcy, and there were NO OBJECTIONS AND NO ADVERSARY COMPLAINTS. No one repossessed any items, and ALL LISTED THEIR ASSETS AS 'CHARGE-OFFS, OR DISCHARGED IN CHP 7 BKTCY"...INCLUDING: FIFTH THIRD BANK.
We NEEDED a place to reside, and I became very ill. I am now disabled, and BOTH of us were UNEMPLOYED at the time of the Chapter 7
Bankruptcy DISCHARGE, IN August 2005.
We paid $515.00/mo. for the next 58 months, to FIFTH THIRD Bank, in order to "have a place to live" in the RV. The expense became overwhelming, and we realized that we needed to move, since living in the RV, and paying approx. $1,700.00/mo. in LOT RENT
AND UTILITIES, on top of the $515.00/mo for the RV, was a waste of money.
I had a stroke in June, 2010. I went into my online banking account, with the intention of deleting the "additional payments" that we were making on the RV. Instead, I accidentally deleted the actual payment. Much to my chagrin, I was totally unaware until I received a call from a man, who was "representing FIFTH THIRD BANK"...He identified himself as:"Investigator Norton", stating that he was a police investigator, who was working with the police department in El Cajon, CA. (the same city where we lived...and I also gave our address to him, upon request). He stated: "FIFTH THIRD BANK IS DEMANDING, $41,800.00 via a CERTIFIED CHECK, OR we need to pack our belongings because FIFTH THIRD INTENDS TO REPOSSESS the RV/Fifth Wheel"...I WAS PANICKED...I explained that we were already working on getting a place to live, and that there was NO WAY WE COULD PAY THEM $41k! I begged the "police officer", (I discovered later that he is a repossession agent and NOT A POLICE OFFICER, AS HE CLAIMED), I BEGGED HIM TO PLEASE ALLOW US TIME TO SECURE A RESIDENCE. He stated that I needed to call BRADLEY BRUCE, with 5th/3rd Bank. I called Mr. Bruce, and he DEMANDED $41,800.00 IMMEDIATELY! Again, I begged him to be merciful...to no avail. He acted like a thug!
We hired an attorney, to call 5th/3rd Bank, and try to claim that we had "reaffirmed the debt, by proxy". Representatives from Fifth Third adamantly declared: "NO REAFFIRMATION
AGREEMENT WAS SIGNED AT THE TIME OF BANKRUPTCY, SO NO WAY! TELL MR AND MRS *A*& THAT WE ARE REPOSSESSING THE RV". So our attorney advised us to secure a new residence and relinquish the RV back to the bank.
We did purchase a modest home, and called Fifth Third Bank, Hollins Law Firm, (whom they retained to 'scare us') and "investigator" Norton, to inform them that they NEED TO COME AND GET THE RV. Hollins Law firm, who had called us prior and demanded $41.8K, on behalf of 5th Third, STOOD FIRM, DEMANDING THE MONEY BE PAID TO FIFTH THIRD, AND DECLARING THAT FIFTH THIRD DID NOT WANT THE RV. I informed the HOLLINS Law firm, that we had filed Ch 7 Bk FIVE YEARS EARLIER, and that 5th/3rd Bank had been reporting the debt as a CHARGE-OFF, for the past FIVE YEARS...I continued: "We cannot and will not pay 5th/3rd $41,800, but they can come and get the RV". The law firm had no information that we had a 2005 CH7 BK DISCHARGE AND that the RV was INCLUDED IN THAT DISCHARGE. 5TH 3RD had not communicated with them.
All was quiet, for a bit. Then, in February 2011, we received a $290.80 CITATION AND AN IMPENDING 72-HR IMPOUND NOTICE
for "illegally parking the RV on the street". Panicked, I hurriedly called FIFTH THIRD, MR. NORTON AND HOLLINS LAW FIRM, to DEMAND THAT THEY COME AND GET THE RV/FIFTH WHEEL. Fifth Third Bank NEVER RETURNED MY CALL. Mr. Norton stated that he would "pass the information along", and the Atty for Hollins Law Firm stated: "WE ARE NO LONGER REPRESENTING 5TH 3RD BANK" (and hung up the phone abruptly).
3 days passed..Each day, I called Fifth Third Bank again, along with 'investigator' Norton, and DEMANDED THAT THEY PICK UP THEIR RV. TO NO AVAIL. On the third day, a Sheriff, (from another district), arrived with Millers Towing Co. They began the impound process. AGAIN, I called Mr. Norton, who NOW is NOT WORKING ON THIS CASE...As well as Bradley Bruce, w/Fifth Third Bank. I explained that the RV was being impounded, and that I would pay for the citation, but I could no longer "house and protect THEIR RV, SINCE THEY CHOOSE NOT TO REPOSSESS IT, AS THEY THREATENED FOR MONTHS!". I asked them to return my call, immediately, so that I would know what to do with the RV due to the eminent impound and auction. NO REPLY FROM ANYONE.
Now it is June, 2011, & 5th/3rd Recovery Dept is calling 4-8 X DAY, DEMANDING $42k. I have recorded calls telling them NOT TO CALL,they PERSIST! PLEASE HELP!